Can a pro se party in divorce court have a non-attorney with him?

[westside]

Ohio. Can a party proceeding pro se in a divorce trial have someone not an attorney with him at the table to help with exhibits, etc. The person is a forensic accountant who has helped the party researching misstatements and outright falsehoods in claims made by the other party. Her main role would be to pull the applicable documents as the case proceeds, there being a ton of such documents.

 

[adjusterjack]

If you do that you risk having the judge see her as "representing" you and shut her down for engaging in the unlawful practice of law.

If would be better if you called her to the stand as your expert witness so she could testify as to the nature and validity of the documents.

An Ohio attorney participates here and can expand on that. Stick around.

 

[quincy]

... An Ohio attorney participates here and can expand on that. Stick around.

Tagging Ohiogal, the Ohio family law attorney who participates on this forum:

@Ohiogal

 

[zddoodah]

Yes.

 

[Ohiogal]

Ohio. Can a party proceeding pro se in a divorce trial have someone not an attorney with him at the table to help with exhibits, etc. The person is a forensic accountant who has helped the party researching misstatements and outright falsehoods in claims made by the other party. Her main role would be to pull the applicable documents as the case proceeds, there being a ton of such documents.

No. She can be a witness but you are expected to act as your own attorney.

 

[Ohiogal]

Yes.

Wrong, if you mean a non attorney can sit with him and help with exhibits.

 

[not2cleverRed]

A caveat for @westside : learn what you are allowed to try and "prove" and when and how you are allowed to do it. Things have to be done in the proper order and format.

One mistake many pro se parties make is not understanding this, and then getting upset when their "proof" is not allowed.

 

[Taxing Matters]

Ohio. Can a party proceeding pro se in a divorce trial have someone not an attorney with him at the table to help with exhibits, etc. The person is a forensic accountant who has helped the party researching misstatements and outright falsehoods in claims made by the other party. Her main role would be to pull the applicable documents as the case proceeds, there being a ton of such documents.

In some states a pro se party may have someone with them at the table for purposes of moral support, but not to actively participate in the trial. As other posts have indicated, depending on exactly what your accountant does for you in court, it may fall apart with the accountant being charged with the unauthorized practice of law (UPL).

But even if those problems did not exist, your idea is a bad one from a practical standpoint. You may only testify to things that are within your personal knowledge and belief and that do not require any particular expertise for the court to understand what is being presented. In other words, you can testify about the sort of things you experienced with your ex, the assets you own, etc, as that is information you know and are the type of things an average person would understand without the need for an expert to explain what it all means. Testimony will be needed about where the misstatement, falsehoods, etc, are in the financial documents. That's something you may not do because (1) you weren't the one to discover those problems and (2) that is the kind of testimony for which an expert is typically required. And that expert must be unbiased. You'd need an independent accountant to testify as to where the problems in the statements are. And if the accountant is assisting you with things like exhibits, etc, the judge can rightly believe that your expert is not neutral and unbiased, which may end up leading to the judge denying your request to call her as a witness or, if she's already testified, might lead to any of her expert testimony being stricken.

If the accountant has a personal relationship to you (friend, relative, etc), that too will undercut the value of her testimony because of the potential for bias. Again, the expert must be seen as independent and neutral. If you don't have an unbiased neutral accountant, you'll need to find one. And then make sure that you follow the state rules of evidence regarding expert testimony. For example, you may need to submit an expert's report to the court, with a copy to your spouse, prior to the trial.

 

[Litigator22]

If you do that you risk having the judge see her as "representing" you and shut her down for engaging in the unlawful practice of law.

If would be better if you called her to the stand as your expert witness so she could testify as to the nature and validity of the documents.

An Ohio attorney participates here and can expand on that. Stick around.

Expand on what? Are you anticipating that someone will supply meaning to your otherwise meaningless expression "validity" in describing documents offered as evidence in a court proceeding? Would it help in differentiating what is valid as opposed to invalid; useful/useless; real/fake or what?

Perhaps you could enlighten the OP as to how to qualify a person as an "expert witness" in the field of "pulling applicable documents from a ton of them".

Furthermore, any so-called "risk" as you have oddly contemplated is not in what a trial judge could perceive from whispered exchanges at the counsel table. More likely it is the of adverse consequences suffered by a would-be litigant from listening to a would-be lawyer.

 

[adjusterjack]

@Litigator22

Whatever.

 

[Ohiogal]

@Litigator22 -- I am an attorney in Ohio that has practiced in family courts around the state. Courts here will not let a pro se individual have a second person at the table. Those with counsel can only have their attorney(s) at the table with them. Witnesses will be sitting in the hall. The rest of your comment about pulling applicable documents being an expert witness is ludicrous. If he cannot present his case as an attorney would then he shouldn't be pro se. In Ohio PRO SE individuals are treated as though they are attorneys and held to the same standard.

 

[adjusterjack]

High five and fist bump, @Ohiogal

 

[westside]

If you do that you risk having the judge see her as "representing" you and shut her down for engaging in the unlawful practice of law.

If would be better if you called her to the stand as your expert witness so she could testify as to the nature and validity of the documents.

An Ohio attorney participates here and can expand on that. Stick around.

Thanks, had no intention of trying to fool the court.

 

[westside]

@Litigator22 -- I am an attorney in Ohio that has practiced in family courts around the state. Courts here will not let a pro se individual have a second person at the table.

Thank you.